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This Checklist This Checklist outlines the principal terms within an IT services contract. It summarises the essential points a customer should weigh up when engaging a supplier for both implementation and day‑to‑day IT services. Such agreements may span a wide array of services, from straightforward website build and support arrangements to sophisticated technology outsourcing engagements. Which terms matter, and the level of detail required, will hinge on the particular services at issue and circumstances of the engagement at hand too. The Checklist is not comprehensive, but reviews a selection of common provisions worth considering for inclusion. Equally, certain suggested provisions may prove unsuitable or superfluous for a given contract. This Checklist is directed chiefly at customers. Its purpose is to provide a snapshot of the key terms a customer would typically seek to include in an agreement covering both implementation IT services and operational IT services. A supplier may refuse some of these terms, or attempt to negotiate a watered‑down variant. It is common for consultancy, application development and...
Banking & Finance—July 2025 case round-up Ciddy Ltd v Natalia [2025] EWHC 1616 (Ch) Loan agreement—unenforceable penalty clause The Chancery Division dismissed the bankruptcy petition presented by the petitioner, Anjana Natalia, against the debtor, Ms Ella Vacani. The petitioner sought to recover £657,516.32 said to arise from a loan contract, asserting that the debtor, a professional accountant, had taken legal advice before signing. The debtor, by contrast, maintained that the parties’ relationship was unfair because of unequal understanding, coercive control exerted by her husband, and an excessive default interest rate that, she said, constituted an unenforceable penalty clause. The court identified substantial grounds to challenge the petition, grounded in the debtor’s allegations of an unfair relationship under the Consumer Credit Act 1974 and a penalty default term within the agreement. It held that the issues concerning default interest and unfairness were not fanciful and ought to be determined by the County Court. Accordingly, any sums due to the petitioner, if any, remain to be established in separate...
In this issue: Practice and procedure Domestic abuse Private children Financial provision International children New content Updated content Daily and weekly news alerts Useful information Practice and procedure Master of the Rolls speech addresses AI adoption in legal profession and digital assets jurisdiction alignment Addressing the Legal Geek Conference, the Master of the Rolls, Sir Geoffrey Vos, observed a rapid change in attitudes to AI across the legal profession. He emphasised that AI is a powerful aid for tasks like summarising documents and undertaking legal research, while warning its deployment must be grounded in understanding, privacy protection and robust verification. He noted AI can help draft contracts and even generate legal advice or judgments, yet its role must be carefully weighed, particularly in judicial decision‑making, where ethical and societal consequences are significant. Sir Geoffrey examined the notion of AI making judicial decisions, acknowledging machines might efficiently assess personal injury damages, but lack human empathy...
In this issue: Confidentiality Data protection and life sciences Intellectual property Research and development Medical devices Pharmaceutical framework Daily and weekly news alerts New and updated content Trackers Useful information Confidentiality Court of Appeal sets out the approach to confidentiality and corrections in FRAND litigation (InterDigital Inc v Optis Cellular Technology LLC) This Court of Appeal ruling explains how UK courts should treat confidentiality in patent disputes, particularly in fair, reasonable and non‑discriminatory (FRAND) matters. Notably, it accepts that affected non‑parties, such as third‑party licensees, have a right to be heard on confidentiality questions. The court confirmed that a wide range of confidential material may properly be redacted, and emphasised that a licence’s age or expiry does not, of itself, remove commercial value or the need for protection. Such material can be protected where a balancing exercise shows a likelihood of commercial harm from disclosure. It also articulated a single legal test for...
Banking & Finance glossary A Auditing and Accounting Organisation for Islamic Financial Institutions (AAOIFI) The foremost Islamic, international, autonomous, independent, not-for-profit corporate body that develops and issues accounting, auditing, governance, ethics and Shari’ah benchmarks and standards for Islamic Financial Institutions (IFIs) and the wider Islamic finance sector. Founded in Bahrain in 1991, it is backed by a number of institutional members across more than 45 countries, including central banks and regulatory authorities, financial institutions, accounting and auditing practices, and legal firms. Its pronouncements are currently applied by leading Islamic financial institutions across the world and have advanced a progressive and gradual harmonisation of global Islamic finance practice. It also delivers professional qualification programmes—notably Certified Islamic Professional Accountant (CIPA), Certified Shari’ah Adviser and Auditor (CSAA), and the corporate compliance programme—in efforts to strengthen the industry’s human capital and governance frameworks. For further details, see Practice Note: Key participants in the Islamic finance industry—Accounting and Auditing Organisation for Islamic Financial Institutions (AAOIFI). Acceleration Acceleration is the formal action...
ARCHIVED : One persistent challenge for dispute resolution practitioners is staying current with case law developments that influence their speciality, or that bear on civil litigation procedure more broadly. This Practice Note distils the principal appeal authorities—namely rulings of the Court of Appeal and the Supreme Court and, where pertinent, selected judgments of the Court of Justice of the European Union (CJEU)—that we have covered, giving users straightforward access to those rulings; see: Key civil litigation appeals in review—2020. You can navigate this material via the table of contents in the left margin, or search this tracker with [CTRL]+[F]. The Practice Note also flags a number of anticipated appeals, where identified, to support horizon scanning. It is not designed to be a comprehensive catalogue of every appeal and/or significant decision of interest to dispute resolution practitioners. Note: regarding anonymity for natural persons when a request for a preliminary ruling is submitted to the CJEU, guidance issued by the CJEU provides: ‘To ensure the protection of the data of natural...
Introduction—transactional Islamic finance There is a diversity of views and guiding maxims expressed by members of Shari’ah boards when applying Shari’ah to commercial contexts, which in turn can lead to apparent divergence in the legal documents used within Islamic finance transactions. In response to these recognised market inconsistencies, attention worldwide has increasingly turned to the development of national, centralised regulatory authorities dedicated to Islamic finance. As an illustration, in 2017, following the national sanction of an Islamic finance industry, Morocco created by royal decree the Moroccan Shari’ah Committee for Participative Finance, comprising 10 Islamic scholars and financial experts, to oversee and regulate the newly established financial sector. The Central Bank of Bahrain (the CBB), which has overseen Bahrain’s financial system since 2002, has taken a comparable path, announcing in September 2017 that all banking reports—traditionally approved by in-house Islamic scholars—would be subject to external audit; moreover, from June 2018, fresh rules were issued to further unify the role and independence requirements of in-house Shari’ah boards. Together, these developments demonstrate...
This Agreement is entered into on [ date ], between the following: Parties [ insert name ], being of [ insert address ] OR a company incorporated in [ England and Wales ] under number [ insert registered number ], whose registered office is at [ insert address ] ([ Party A ]); [ insert name ], being of [ insert address ] OR a company incorporated in [ England and Wales ] under number [ insert registered number ], whose registered office is at [ insert address ] ([ Party B ]); (together, the Parties, and each, individually, a Party). Background [ Party A ] is engaged in the business of [ insert description of Party A’s business ]. [ Party B ] operates in the business of [ insert description of Party A’s business ]. The Parties have agreed to collaborate in a programme of research and development work in relation to [ insert...
This Agreement is entered into on [ date ] Parties [ Insert the company name ], a company incorporated in [ England and Wales ] under company number [ insert registered number ], whose registered office is at [ insert address ] (the Sponsor); and [ Insert the company name ], a company incorporated in [ England and Wales ] under company number [ insert registered number ], whose registered office is at [ insert address ] (the CRO) Each of the Sponsor and the CRO is a party and, collectively, the Sponsor and the CRO are the parties. Background The Sponsor is supporting a series of clinical trials to obtain marketing authorisation for the IMP and intends to retain the CRO to carry out certain services. The CRO possesses the requisite knowledge and experience in the design, oversight and conduct of clinical trials and agrees to provide such services to the Sponsor in accordance with the...
3 Collaboration Objectives and Steering Group The parties agree to: Maximise the overall value of the Development Site, taking account of good planning practice. Settle the Master Plan as soon as reasonably practicable. Secure a Satisfactory Planning Permission for the Development (including Enabling Works and Shared Infrastructure), and thereafter: obtain any agreed Funding; deliver the Enabling Works and Shared Infrastructure promptly, efficiently and on time; and approve and implement the Sale Strategy. Apportion the Collaboration Expenses and any Development Profit or Development Loss in the stated Proportions, unless this Agreement provides otherwise. The Steering Group must: Provide strategic direction to achieve the Collaboration Objectives, including agreeing variations, monitoring progress and issuing instructions. Meet at least monthly (or more often if required); each party will use all reasonable endeavours to ensure its representative, or a suitably senior substitute, attends; minutes are to be taken on rotation and circulated within five Working Days. Invite appointed consultants and...